Records: DA Sims a potential witness in Marsh 3 case

Friday

Nov 30, 2012 at 4:40 PM

Jim McBride

A judge appointed a Lubbock special prosecutor to handle the criminal investigation of Stanley Marsh 3 because 47th District Attorney Randall Sims received a telephone call from a woman he knew and is a potential witness in the case, court records show.

Sims received a telephone call from an unidentified woman he knew "concerning felony offenses" in Potter County before criminal charges were filed against the Amarillo millionaire, court records show.

Lubbock Criminal District Attorney Matthew D. Powell was appointed to the case after a district judge signed an order recusing Sims' office from the investigation.

Powell, the Lubbock prosecutor assigned to the case, filed 11 criminal charges against Marsh 3 on Wednesday, alleging the Amarillo millionaire performed oral sex on a teenage boy in 2010 and hired another teen to masturbate for him, court records show.

Sims said Friday he could not discuss the facts of the ongoing criminal investigation. The judge's order does not say when Sims received the phone call, but court documents shed some light on why he asked a judge to appoint a special prosecutor to oversee the Marsh 3 investigation.

"I received a call at the 47th District Attorney's Office from a person I know. She related to me information concerning felony offenses that turned out to have occurred in Potter County, Texas," Sims said in a formal court motion on Oct. 5 that was publicly released Friday. "As the first law enforcement official to be told, I am a potential witness in the case should criminal charges be filed."

Sims' motion said it was in the "best interest of justice" that his office be removed "from these matters" and that a special prosecutor be appointed.

The same day, Oct. 5, 47th District Judge Dan Schaap agreed with Sims' request and signed the order for a special prosecutor.

Under Texas law, a district attorney may ask that his or her office be removed from a criminal case for "good cause."

Amarillo police said Wednesday they launched an investigation July 16 after they received a report of "possible child exploitation that had occurred at an office on the 12th floor of the building at 600 S. Tyler." Marsh's office is on the 12th floor of the Chase Tower, located at 600 S. Tyler.

"The abuse was reported to have occurred over a period of time during 2010 and 2011," the release said. "Police detectives began an investigation and learned that the reported victim was currently living away from Amarillo."

According to the criminal complaints, the 74-year-old is charged with six counts of child sexual abuse and five counts of sexual performance by a child, second-degree felonies punishable by two to 20 years in prison and a fine of up to $10,000 on each count.

Marsh 3 was released from Potter County Detention Center about 7 p.m. Wednesday on three $100,000 bonds.

Paul Nugent, one of Marsh 3's two Houston criminal defense attorneys, pushed Marsh 3 out of the county jail in a wheelchair after he posted bond.

Marsh's criminal defense team said Wednesday that Marsh 3 is not guilty of the charges against him.

In a statement, attorneys Nugent and Heather Peterson said "there should be no rush to judgment" in the case and questioned the motives of Marsh 3's accusers.

They also said Marsh 3 will "fight as vigorously as his declining health permits." "The criminal charges against Stanley Marsh 3 are mere allegations by the group of accusers who have filed a barrage of civil lawsuits against Marsh seeking millions of dollars.

Instead of immediately reporting any alleged wrongdoing to the police, the group strategized, conferred and waited," the statement said.

"After Stanley Marsh 3 suffered a massive stroke and became legally incapacitated, the group implemented their plan to become multimillionaires by signing contracts with an aggressive personal injury lawyer from Houston," the statement said. "The investigation into the group's claims is far from complete.

There should be no premature rush to judgment. Stanley Marsh 3 is not guilty of the group's allegations, and will fight as vigorously as his declining health permits."

Anthony Buzbee, a Houston attorney who has filed six civil suits against Marsh 3 that allege the Amarillo millionaire paid 10 teen boys to perform sex acts, said Wednesday he had faith authorities would pursue criminal charges against Marsh 3.

"It's a positive sign. I've said all along I had faith in the DA (district attorney) and the police," he said. "It's obvious that the civil suits were a catalyst."

"The search warrant revealed evidence that police believe further corroborates the accounts of sexual exploitation of minors," the department said in a news release.

The investigation, police said, led to the names of other potential witnesses and other potential victims, many of whom no longer live in Amarillo.

Amarillo police have interviewed several possible victims in the case, authorities said.

The charges could go before a grand jury in the next few weeks or soon after the first of the year, Powell said.

Last week, Marsh 3's wife, Wendy O'Brien Marsh, and two of Marsh 3's companies asked a court to rule Buzbee be dismissed and to rule Marsh 3 should not be included as a defendant in multiple civil lawsuits because he is incapacitated.

On Nov. 14, Potter County Court at Law Judge W.F. "Corky" Roberts determined in a separate legal proceeding that Marsh 3 was incapacitated after suffering a series of strokes and other medical problems.

Marsh 3's wife filed a legal answer to a second sex abuse lawsuit filed against Marsh 3 by John Doe 3 and John Doe 4.

The answer, filed on Marsh 3's behalf, denies the suit's claims and seeks a jury trial. At least two other defendants named in the civil lawsuits, Amarillo Protective Services LLC and McCartt & Associates, have filed legal answers, denying claims in the civil lawsuits.

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